A06_BLMDecisionRecord_AppendixD.pdf

APPENDIX D

RRCNCA

VISITOR'S CENTER AND FEE STATION

POTABLE WATERLINE REPLACEMENT

BLM DECISION RECORD

B L

M

U.S. Department of the Interior Bureau of Land Management

Decision Record Red Rock Visitor’s Center Well Head and Waterline

Replacement

DOI-BLM-NV-S020-2015-0009-EA

PREPARING OFFICE

U.S. Department of the Interior Bureau of Land Management 4701 N. Torrey Pines Dr.

Las Vegas, Nevada 89130

702–515–5000

Decision Selected Action

It is my decision to authorize the redrilling of the well and replacement of pipeline that services the Red Rock Canyon National Conservation Area visitors and staff.

Description

The selected action will consist of redrilling the water well and replacing pipelines that were built in 1978 at Red Rock Canyon National Conservation Area Visitor Center (RRVC) to service the visitor center. The project includes drilling a new well adjacent to the existing well, replacing the pump/motor, and replacing the existing 4” waterline running from the well site to the visitor center as well as a 1 1/2” waterline from the well site to the fee station. A 4” telecommunication conduit will be installed in the same trench as the 4” waterline for future use. All proposed actions are replacement of existing infrastructure, within the same proximity.

1. Segment 1 — Trench and install pipe to replace existing 4” supply line to the Red Rock Visitor’s Center within a 30 foot path near the existing waterline, from the existing pump vault to the exit road.

2. Segment 2 — Trench and install pipe to replace existing 4” supply line to the Red Rock Visitor’s Center within a 10 foot path within the shoulder of the exit road and upper Handicapped Parking.

3. Segment 3 — Trench and install pipe to replace existing 4” supply line from the upper Handicapped Parking lot to the upper water tank, connecting into the existing 4” waterline that was built with the 2009 Red Rock Visitor’s Center plans. This segment runs close to existing 3-phase power.

4. Reconnection of the new waterline to the existing line upper and lower ends of water system.

5. Remove and replace concrete sidewalk.

6. Install, cap and mark ends, 4” schedule 40 PVC telecommunication conduit with pull wires.

7. Trench and install new 1.5 Inch schedule 40 PVC waterline from new well location to the Contact/Fee Station. The new trench will follow the approximate route of the existing trenched location as seen in the exhibits.

8. Anchor, pipe under wash by concrete or other means to prevent from future washout.

9. Install pump near well head to provide enough pressure in 1.5 Inch waterline to service Contact/Fee Station.

10. All testing required by the state and federal laws for pressure and disinfection of the new waterline and water system.

11. All testing for the well re-condition per state and federal laws.

12. Pressure test and disinfect new 1.5” and 4” waterline.

13. Disinfect whole water system and bring water system on line per NDEP requirements.

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14. All applications, permitting and call before you dig notifications per state and federal laws.

15. All traffic control and trench protection from wildlife and human interface.

16. Dust Control measures and Dust Permit per Clark County requirements.

17. The project will be a replacement of existing facilities within the disturbed area of the well site and within 20 ft. either side of the existing pipeline. Care will be taken to limit the construction area and any additional scarring.

18. The project will include an inspection and survey by a Certified Natural Resource Specialist of the site prior to the installation of barrier fencing that will limit wildlife from being exposed to the construction site or the construction equipment.

19. The project will include a survey of the construction area by a Certified Natural Resource Specialist for any plants that will need to be salvaged and re-vegetated. The area will also require re-seeding from seeds supplied by BLM. The project will also include requirements that the contractor clean and inspect all equipment to limit weed migration into the site.

20. The Temporary Disturbance will include trenching, grading, laydown areas and equipment storage for the purposes of constructing the project.

Mitigation Measures

1. General Environmental Mitigation Measures

a. Camping at or near the job site is not permitted.

b. Toilet Facilities are not available at the Well Site. There are public toilet facilities at the Red Rock Visitor’s Center.

c. Clean-up: All trash must be removed daily. Excess materials must be removed from the project site on completion of construction and disposed of in a manner, and at a location, approved by the Contracting Officer.

2. Cultural Resources

a. The Contractor shall immediately bring to the attention of the Contracting Officer any and all cultural resources including, but not limited to, historic and pre-historic sites or artifacts, buried artifacts, and buried features such as fire pits, burials, and house floors discovered as a result of construction operations. The contractor shall immediately suspend all activities that might harm the object(s) and shall leave such discoveries intact until instructed to proceed by the Contracting Officer.

b. Pursuant to 43 CFR 10.4(g) the Contractor must notify the Contracting Officer by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4(c) and (d), the Contractor must stop activities in the immediate vicinity of the discovery and protect it from construction activities for 30 days or until notified to proceed by the Contracting Officer.

3. Biological Resources

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a. Because fragile and irreplaceable biological resources may be present in the area, project activities and any other action which causes disturbance of the earth’s surface shall be limited to those areas approved by the BLM. Deviations from routes flagged or shown on the drawings are not allowable without prior approval of the Contracting Officer. The Contractor shall insure that he, his employees, or his representatives shall not disturb any undisturbed areas.

b. The Contractor shall comply with special stipulations developed to protect the desert tortoise. They are as follows:

i. Should a desert tortoise enter the area of activity, all activity shall cease until the animal has left the area of its own accord.

ii. Workers will be instructed to check underneath all vehicles before moving them, as tortoises often seek shade underneath parked vehicles during the active season.

iii. Workers will be provided educational information on the desert tortoise including the legal protection and consequences for the violation of the Endangered Species Act.

c. The Contractor will avoid activities that promote weed germination and establishment.

The following are measures required to mitigate weed germination:

i. All project operations shall begin in weed free areas whenever feasible before operating in weed-infested areas. All areas within the project area are deemed to be weed free.

ii. All equipment storage and machine/vehicle parking or any other area needed for the temporary placement of people, machinery and supplies shall be located in areas that are relatively weed-free. All types of travel through weed infested areas shall be avoided.

iii. If equipment is infested with weed seeds, plant parts or mud and dirt, then equipment and machinery (including the complete undercarriages) shall be cleaned using compressed air or water to remove mud, dirt and plant parts before moving into and from relatively weed-free areas. Seeds and plant parts will be collected, bagged and deposited in dumpsters destined for local landfills.

iv. Workers shall inspect, remove and dispose of weed seed and plant parts found on their clothing and personal equipment, bag the product and dispose of in a legal and appropriate manner.

4. Gila Monster

a. Any Gila monster encounters during project construction must be reported immediately to the Nevada Division of Wildlife at (702) 486-5127.

b. Live Gila monsters found in harm’s way on the construction site will be captured and detained in a cool, shaded environment (<85oF) by the project biologist trained in handling venomous reptiles until a NDOW biologist can arrive for documentation purposes. A clean 5-gallon plastic bucket w/ a secure, ventilated lid; an 18"x 18"x 4" plastic box w/ a secure, vented lid; or a tape-sealed cardboard box of similar dimension

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c. Injuries to Gila monsters may occur during excavation, road-grading, or other construction activities. In the event a Gila monster is injured, it should be transferred to a veterinarian proficient in reptile medicine for evaluation of appropriate treatment.

Rehabilitation or euthanasia expenses will not be covered by NDOW. However, NDOW will be immediately notified during normal business hours. If an animal is killed or found dead, the carcass will be immediately frozen and transferred to NDOW with a complete written description of situation circumstances, habitat, and mapped location.

d. Should NDOW be delayed to assist, biological personnel on site may be requested to remove and release the Gila monster out of harm’s way. Should NDOW not be immediately available to respond for photo-documentation, a camera will be used to take good quality photographs of the Gila monster in situ at the location of live encounter or dead salvage. The pictures will be provided to NDOW and will include:

i. Encounter location (landscape overview with Gila monster in clear view)

ii. A clear overhead shot of the entire body with a ruler next to it for scale (Gila monster should fill camera's field of view)

iii. A clear, overhead close-up of the head (head should fill camera's field of view).

5. Migratory Birds

a. Habitat-altering projects or portions of projects should be scheduled outside of the bird breeding season which generally occurs between February 15th and August 31st. If a project has to occur during the breeding season, then a qualified biologist must survey the area for nests immediately prior to commencement of construction activities. This shall include burrowing and ground nesting species in addition to those nesting in vegetation. If any active nests are found, an appropriately-sized buffer area must be established and maintained until the young birds fledge. The buffer area must connect to suitable, undisturbed habitat. As the above dates are a general guideline, if active nest are observed outside this range they are to be avoided as described above.

6. Fire Safety

a. Fire restrictions are generally enacted May through October. Compliance with fire restrictions is mandatory while fire restrictions are in effect. Specific non-compliant activities may be permitted in writing on a case by case basis by a line officer after review and approval by the Fire Management Officer (43 CFR 9212). In the event of an unplanned ignition that causes a wildfire the proponent will be held responsible for all costs of suppression and damaged resources pending a fire Origin and Cause Investigation. An Origin and Cause Investigation will be done on any human caused fire by BLM Law Enforcement or their designated representative. Conditions that support wildland fire spread can occur any time of the year in Southern Nevada. In general and when fire restrictions are not in effect, use standard fire prevention measures and best management practices to prevent fires.

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b. The work site is a dry rural desert environment. Prior to construction, the Contractor shall coordinate with the Bureau of Land Management (BLM), Southern Nevada District Office (SNDO) Fire Management Officer at 702-515-5135, to outline fire safety requirements at the work site. The Contractor shall take reasonable precautions to prevent fires. In case of a fire, the Contractor shall notify the nearest response center (911).

7. Material Waste

a. The contractor shall be responsible for any damages or spills resulting from the delivery of materials to the site. Surplus materials delivered to the site but not used shall not be permitted to be dumped or temporarily stored onsite, unless a container specifically designated for that purpose is in place prior to delivery and approved by the Contracting Officer. The Contractor will be responsible for the cleanup and restoration of any areas damaged as the result of improper waste disposal, including damage caused by material suppliers.

8. Air Quality

a. Ensure a dust control permit is obtained, by the contractor, through Clark County Dept.

of Air Quality (DAQ) for all construction and/or soil disturbing activity of .25 acres or greater, in the aggregate and ensure stipulations are in compliance for the duration of the project.

9. Water Resources

a. Comply with Nevada Regulations for Water Rights and Water Well and Related Drilling NRS Statutes 533 & 534.

10. Mineral Resources

a. If excavation that produces mineral materials within the ROW is necessary, the mineral materials must be used within the ROW or stockpiled on site for disposal by the BLM.

If mineral materials are to be stockpiled on site for a future disposal, specific BLM use authorization in the form of a contract, free use permit or material site right-of-way will be necessary before the stockpiled mineral materials can removed from the ROW.

11. Hazardous Waste

a. Ensure all federal, state and local hazardous materials handling, transportation, storage and use regulations as well as all solid and hazardous waste regulations are in compliance for the duration of the proposed action. If any permits are required for the activity, such as storm water, etc., the contractor will be required to obtain all permits from the appropriate compliance oversight agency and ensure all permits and regulations are in compliance for the duration of the project.

b. The contractor must ensure a Storm Water Pollution Prevention Plan is developed and in place via the NV Dept of Environmental Protection (NDEP) prior to the work and that the SWPPP adequately addresses runoff or releases to the storm water system in Clark County. The SWPPP must be in compliance with NDEP regulations for the duration of the project, and the project close-out.

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12. Forestry Resources

a. To the extent practical, cacti and yucca within the project area should be avoided by this action. If yucca and cactus cannot be avoided then cactus and yucca must be salvaged then replanted once work is complete.

13. Wild Horse and Burro

a. If standing water will be present, the work area must be temporarily fenced to limit the access by wild burros. All access gates must remain closed to limit the burros access to State Route 159.

b. There should be minimal impacts to wild burros as a result of this well maintenance, however depending upon when the maintenance occurs there is a potential to see wild burros. If they do see any wild burros, individuals should maintain a safe distance, they are wild animals and can be unpredictable especially during foaling and breeding season. Individuals will not harass (feed, pet, chase, etc.) wild burros if encountered on or near the construction areas, trails, or equipment parking areas.

14. Invasive Species/Noxious Weeds

a. 1. The project proponent will limit the size of any vegetation and/or ground disturbance to the absolute minimum necessary to perform the activity safely and as designed. The project proponent will avoid creating soil conditions that promote weed germination and establishment.

b. 2. The project proponent will complete a Weed Risk Assessment and coordinate project activities with the BLM Weed Coordinator (702-515-5000) regarding any proposed herbicide treatment. If herbicide treatment is needed, the project proponent will prepare, submit, obtain and maintain a pesticide use proposal (PUP) for the proposed action. Weed treatments may include the use of herbicides, and only those herbicides approved for use on Public lands by the BLM; and may subject to additional NEPA and environmental compliance.

c. 3. The project proponent will begin project operations in weed free areas whenever feasible before operating in weed-infested areas.

d. 4. The project proponent will locate lay down areas and staging areas for the use of equipment storage, machine and vehicle parking or any other area needed for the temporary placement of people, machinery and supplies. These staging areas will be selected from locations that are relatively weed-free. The project proponent will avoid or minimize all types of travel through weed-infested areas or restrict major activities to periods of time when the spread of seed or plant parts are least likely.

e. 5. BLM or the project proponent will determine equipment cleaning sites. These sites will be coordinated with the BLM. Project related equipment and machinery (this especially includes the nooks and crannies of undercarriages) will be cleaned of all mud, dirt and plant parts before moving into relatively weed-free areas and when leaving weed infested sites. Seeds and plant parts need to be collected, bagged and deposited in landfills through the waste disposal system when practical. (This is not meant to apply to service vehicles that will stay on roadways avoiding weed infested sites.)

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f. 6. Project workers need to inspect, remove, and dispose of weed seed and plant parts found on their clothing and equipment. Disposal methods vary depending on the project.

g. 7. The proponent shall be responsible for controlling all undesirable invading plant species (including listed noxious weeds and other invasive plants identified as undesirable by federal, state or local authorities) within the boundaries of their authorization area and Bureau-authorized ancillary facilities (e.g. access and utility corridors), including all operating and reclaimed areas, until revegetation activities have been deemed successful and responsibility released by the authorized officer.

Control standards and measures proposed must conform to applicable state and federal regulations.

h. 8. The proponent shall use weed free seed for reclamation and for other organic products for erosion control, stabilization, or revegetation (e.g. straw bales, organic mulch) must be certified weed free.

i. 9. The proponent is responsible for ensuring that all project related vehicles and equipment arriving at the site (including, but not limited to, drill rigs, dozers, support vehicles, pickups and passenger vehicles, including those of the operator, any contractor or subcontractor and invited visitors) do not transport noxious weeds onto the project site. In accordance with BO#84320–2016–F0072 and 1–5–04–F-526, RPM-3, 3.d.

Weed Prevention, the proponent shall ensure that all such vehicles and equipment that will be traveling off constructed and maintained roads or parking areas within the project area have been power washed, including the undercarriage, since their last off road use and prior to off road use on the project. When beginning off road use on the project, such vehicles and equipment shall not harbor soil, mud or plant parts from another locale.

Depending on the site setting such as remoteness, or other site condition, the operator may be required to have an on-site wash area identified and readily available. If a noxious weed infestation is known or later discovered on the project site, project related vehicles or equipment that have traveled through such an infestation shall be power washed including the undercarriage prior to leaving the site, at an established, identified wash area. Wash water and sediment shall be contained in an adjacent settling basin.

Should any vegetation emerge in the wash area or settling basin, it will be promptly identified and appropriately controlled if found to be an undesirable invasive plant.

Finding of No Significant Impact

As explained in the Finding of No Significant Impact (FONSI), the impacts of the selected action has been analyzed in the EA and determined not to result in significant impacts to the quality of the human environment, individually or cumulatively with other actions in the general area under NEPA.

Alternatives Considered

The EA considered two alternatives: the No Action Alternative and the Proposed Action. The No Action Alternative was not selected because it would be inefficient and costly to continue to truck water in from an outside source.

Decision Rationale

Based on information in the EA and consultation with my staff, I have decided to approve the redrilling of the well and replacement of the pipelines as described.

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Administrative Remedies

This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 CFR, Part 4 and BLM Form 1842-1. If an appeal is taken, your notice of appeal must be filed in this office (at the above address) within 30 days from receipt of this decision. The appellant has the burden of showing that the decision appealed from is in error.

If you wish to file a petition (request) pursuant to regulation 43 CFR 2801.10 or 2881.10 for a stay (suspension) of the effectiveness of this decision during the time that your appeal is being reviewed by the Board, the petition for a stay must accompany your notice of appeal. A petition for a stay is required to show sufficient justification based on the standards listed below. Copies of the notice of appeal and petition for a stay must also be submitted to each party named in this decision and to the Interior Board of Land Appeals and to the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same time the original documents are filed with this office. If you request a stay, you have the burden of proof to demonstrate that a stay should be granted.

Standards for Obtaining a Stay

Except as otherwise provided by law or other pertinent regulation, a petition for a stay of a decision pending appeal shall show sufficient justification based on the following standards:

(I) The relative harm to the parties if the stay is granted or denied,

(2) The likelihood of the appellant's success on the merits,

(3) The likelihood of immediate and irreparable harm ifthe stay is not granted, and

( 4) Whether the public interest favors granting the stay.

The effective date of this decision (and the date initiating the appeal period) will be the date this notice of decision is signed by the authorizing official.

Authorizing Official:

yon National Conservation Area

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